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| Clinton Physical Therapy Servs., P.C. v. John Deere Health Care, Inc., No. 28 / 04-1893,
SUPREME COURT OF IOWA, May 12, 2006, Filed
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Overview: In a breach of contract dispute between a corporation and a health plan, trial court erred in not granting corporation's motion for a new trial because district court went too far under the guise of harmonizing purportedly inconsistent answers and engaged in a process of reconciliation not available, under Iowa R. Civ. P. 1.934.
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| In re Marriage of Sullins, No. 42 / 04-0950,
SUPREME COURT OF IOWA, May 12, 2006, Filed
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Overview: In a divorce case, the trial court erred in dividing the wife's defined benefit pension plan based on the current value of the wife's personal contributions to the plan. Because her contributions had no relation to the present value of her future benefits, the better way to divide and distribute the pension account was to use the percentage method.
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| Wilson v. Farm Bureau Mut. Ins. Co., No. 5 / 04-0864,
SUPREME COURT OF IOWA, May 12, 2006, Filed
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Overview: In estate's claim to recover damages under policy's underinsured motorist coverage, district court erred in granting estate's motion for summary judgment on breach of contract, but it correctly denied estate's motion for summary judgment on bad faith claim because insurer had basis to deny demand to pay on judgment in excess of policy's limits.
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| Crall v. Davis, No. 30 / 04-1345,
SUPREME COURT OF IOWA, May 19, 2006, Filed
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Overview: District court erred in failing to dismiss plaintiffs' petition based on defendant's contention that there was an abusive delay in service of process in violation of Iowa R. Civ. P. 1.302(5) because there was not substantial evidence supporting the court's finding that good cause existed for plaintiffs' delay in service.
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| In the Interest of M.T., No. 50 / 05-0179,
SUPREME COURT OF IOWA, May 19, 2006, Filed
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Overview: Three justice panel erred when it reinstated appeal and ordered procedendo to be recalled. There was no factual or legal basis for exercising that extraordinary power. Panel's original dismissal order was final; it was not "opinion" that triggered 15-day delay for issuing procedendo under Iowa R. App. P. 6.30. Court lacked jurisdiction over appeal.
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| State v. Campbell, No. 90 / 04-0396,
SUPREME COURT OF IOWA, May 19, 2006, Filed
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Overview: Court's denial of defendant's right to cross-examine a witness was reversible error where the witness was critical for the State, testifying to admissions by defendant concerning the burglaries and identifying some of the stolen property as having been under defendant's control, and her credibility was certainly not beyond reproach.
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| State v. Simmons, No. 25 / 04-1327,
SUPREME COURT OF IOWA, May 19, 2006, Filed
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Overview: Search of defendant's home was proper, Fourth Amendment, because when an officer first detected the odor of what he suspected was anhydrous ammonia, his lack of experience did not allow him to fully comprehend the gravity of the situation, and when he returned with another officer, the dangers of a working methamphetamine lab continued to exist.
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